Sec. 304. COMMISSION ON AGRICULTURAL WORKERS

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## SEC. 304 COMMISSION ON AGRICULTURAL WORKERS ###

(a)Establishment and Composition of Commission ####

(1)There is established a Commission on Agricultural Workers (hereinafter in this section referred to as the “Commission”), to be composed of 12 members— #####

(A)six to be appointed by the President, #####

(B)three be appointed by the Speaker of the House of Representatives, and #####

(C)three to be appointed by the President pro tempore of the Senate. ####

(2)In making appointments under paragraph (1)(A), the President shall consult— #####

(A)with the Attorney General in appointing two members, #####

(B)with the Secretary of Labor in appointing two members, and #####

(C)with the Secretary of Agriculture in appointing two members. ####

(3)A vacancy in the Commission shall be filled in the same manner in which the original appointment was made. ####

(4)Members shall be appointed to serve for the life of the Commission. ###

(b)Functions of Commission ####

(1)The Commission shall review the following: #####

(A)The impact of the special agricultural worker provisions on the wages and working conditions of domestic farmworkers, on the adequacy of the supply of agricultural labor, and on the ability of agricultural workers to organize. #####

(B)The extent to which aliens who have obtained lawful permanent or temporary resident status under the special agricultural worker provisions continue to perform seasonal agricultural services and the requirement that aliens who become special agricultural workers under section 210A of the Immigration and Nationality Act perform 90 man-days of seasonal agricultural services for certain periods in order to avoid deportation or to become naturalized. #####

(C)The impact of the legalization program and the employers' sanctions on the supply of agricultural labor. #####

(D)The extent to which the agricultural industry relies on the employment of a temporary workforce. #####

(E)The adequacy of the supply of agricultural labor in the United States and whether this supply needs to be further supplemented with foreign labor and the appropriateness of the numerical limitation on additional special agricultural workers imposed under section 210A(b) of the Immigration and Nationality Act. #####

(F)The extent of unemployment and underemployment of farmworkers who are United States citizens or aliens lawfully admitted for permanent residence. #####

(G)The extent to which the problems of agricultural employers in securing labor are related to the lack of modern labor-management techniques in agriculture. #####

(H)Whether certain geographic regions need special programs or provisions to meet their unique needs for agricultural labor. #####

(I)Impact of the special agricultural worker provisions on the ability of crops harvested in the United States to compete in international markets. ####

(2)The Commission shall conduct an overall evaluation of the special agricultural worker provisions, including the process for determining whether or not an agricultural labor shortage exists. ###

(c)Report to Congress The Commission shall report to the Congress not later than six3 years after the date of the enactment of this Act on its reviews under subsection (b). The Commission shall include in its report recommendations for appropriate changes that should be made in the special agricultural worker provisions. 3§704(a) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5086) substituted six years for five years in subsection

(c)and 75 months for 63 months in subsection (i). ###

(d)Compensation of Members ####

(1)Each member of the Commission who is not an officer or employee of the Federal Government is entitled to receive, subject to such amounts as are provided in advance in appropriations Acts, the daily equivalent of the minimum annual rate of basic pay in effect for grade GS–18 of the General Schedule4 for each day (including traveltime) during which the member is engaged in the actual performance of duties of the Commission. Each member of the Commission who is such an officer or employee shall serve without additional pay. 4Under §101(c)(1)(A)(i) of the Treasury, Postal Service and General Government Appropriations Act, 1991 (P.L. 101–509, 105 Stat. 1442, Nov. 5, 1990), the reference in this section to the rate of pay in effect for grade GS–18 of the General Schedule is considered a reference to the maximum rate payable under section 5376 of title 5, United States Code, as amended by section 102(a) of that Act. ####

(2)While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence. ###

(e)Meetings of Commission ####

(1)Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. ####

(2)The Chairman and the Vice Chairman of the Commission shall be elected by the members of the Commission for the life of the Commission. ####

(3)The Commission shall meet at the call of the Chairman or a majority of its members. ###

(f)Staff ####

(1)The Chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other additional personnel as may be necessary to enable the Commission to carry out its functions, without regard to the laws, rules, and regulations governing appointment and compensation and other conditions of service in the competitive service.5 Any Federal employee subject to those laws, rules, and regulations may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. 5§704(b) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5086) substituted “and compensation and other conditions of service in the civil service” for “competitive service”. This was corrected by the amendment made by §308(b) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102–232, Dec. 12, 1991, 105 Stat. 1757. ####

(2)The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the minimum annual rate of basic pay payable for GS–18 of the General Schedule4. ###

(g)Authority of Commission ####

(1)The Commission may for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. ####

(2)The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chairman, the head of such department or agency shall furnish such information to the Commission. ####

(3)The Commission may accept, use, and dispose of gifts or donations of services or property. ####

(4)The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. ####

(5)The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. ###

(h)Authorization of Appropriations ####

(1)There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. ####

(2)Notwithstanding any other provision of this section, the authority to make payments, or to enter into contracts, under this section shall be effective only to such extent, or in such amounts, as are provided in advance in appropriations Acts. ###

(i)Termination Date The Commission shall cease to exist at the end of the 75-month3 period beginning with the month after the month in which this Act is enacted. ###

(j)Definitions In this section: ####

(1)The term “**employer sanctions**” means the provisions of section 274A of the Immigration and Nationality Act. ####

(2)The term “**legalization program**” refers to the provisions of section 245A of the Immigration and Nationality Act. ####

(3)The term “**seasonal agricultural services**” has the meaning given such term in section 210(h) of the Immigration and Nationality Act. ####

(4)The term “**special agricultural worker provisions**” refers to sections 210 and 210A of the Immigration and Nationality Act.

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104 Stat. 5086
105 Stat. 1442
105 Stat. 1757

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Sec. 304

COMMISSION ON AGRICULTURAL WORKERS

Stat.104 Stat. 5086

Stat.105 Stat. 1442

Stat.105 Stat. 1757

Cites 3Cited by 0 across 0 sources